[SEPTEMBER 30, 1863. -For General Orders, Numbers 173, District of Texas, New Mexico, and Arizona, relating to disposition of prisoners paroled at Vicksburg and elsewhere, see Series I, Vol. XXVI, Part Ii, p. 276.]

HEADQUARTERS OF THE ARMY,
Washington, D. C., October 1, 1863.

Honorable HORACE BINNEY, Philadelphia:

MY DEAR SIR: Pardon me for trespassing upon your time, and if not asking too much I will call your attention to paragraph 104, p. 18, of the accompanying General Orders, Numbers 100. * One of our officers captured by the rebels some nine months ago has just been tried and executed as a spy. + He entered the rebel lines in disguise as a spy about February, 1862, and escaped some time in March and returned to his duty. About January last he was captured as a prisoner of war, and has been executed as a spy within the last few days. If the doctrine laid down in paragraph 104 is correct, his execution is a violation of the laws of war and retaliation must be restored to. It is suggested by the Secretary of War that I should ask you opinion as the very highest authority on this question.

Very respectfully, your obedient servant,

H. W. HALLECK,

General-in-Chief.

WAR DEPARTMENT, Washington, October 1, 1863.

Brigadier-General MASON, Columbus, Ohio:

Lieutenant-Colonel Alston, a rebel prisoner, one of Morgan's officers, lately in Camp Chase, made his appearance at Baltimore, pretending to have been released on parole by Major-General Hitchcock at the request of General Burnside. No such parole has been authorized by General Hitchcock or by this Department. Please explain immediately how this prisoner happens to be at large. Release no one in future without direct order from this Department.

EDWIN M. STANTON,

Secretary of War.

OFFICE COMMISSARY-GENERAL OF PRISONERS,

Washington, D. C., October 1, 1863.

Surg. A. M. CLARK,

Asst. Medical Inspector Prisoners of War, Washington, D. C.:

SIR: You will proceed without delay to make an inspection of the hospitals at the following-named places occupied by Federal paroled prisoners or by prisoners of war belonging to the rebel army, viz: Pittsburgh; depot near Sandusky; Camp Chase, near Columbus, Ohio; Cincinnati; Louisville; Camp Morton, near Indianapolis; Camp Douglas, at Chicago; Camp Butler, near Springfield, Ill. ; Saint Louis and Benton Barracks, near Saint Louis. Make a close examination into the administration of the affairs of these hospitals in every part, and in those appropriated to rebel prisoners of war you will ascertain how far the regulations, a copy of which is herewith inclosed,++ are carried out;

---------------

*See Vol. V, this series, p. 671.

+Spencer Kellogg.

++See Vol. IV, this series, p. 152.

---------------